Public Hearing Summaries

In Larry Flakes vs. Alaska Sales and Service, Inc., complainant alleged that respondent refused to promote him from his position of sales representative to one of several available team leader positions because of his race, Black. Evidence at a five-day public hearing showed that complainant and another Black applicant were told by one of respondent’s managers that they were not promoted because of the color of their skin, and that successful applicants for the positions had the same attendance problems that respondent claimed made complainant ineligible. The administrative law judge (ALJ) found respondent liable for discriminating against complainant. On November 13, 2009, the Commission adopted the ALJ’s recommendation and awarded Mr. Flakes $118,375 in damages.

In Evangelina Gonzalez vs. Duke Investments, LLC, complainant alleged that she was discriminated against because of her disability when respondent, which owned and operated two Chili’s restaurants in Alaska, failed to provide her with a reasonable accommodation and terminated her employment. A public hearing was scheduled for October 23, 2013; however, after respondent failed to answer the accusation or respond to discovery requests, the administrative law judge recommended that a default judgment be entered against respondent in the amount of $101,293.86. The Executive Director thereafter sought and obtained a share of the proceeds from the sale of one of respondent’s liquor licenses in the amount of $28,695. This amount was held in escrow, and paid to Ms. Gonzalez after the Commission adopted the recommended decision on January 30, 2014.

In Michelle Traxler vs. The Alaska Boathouse, LLC, complainant alleged that respondent discriminated against her on the basis of her sex and retaliated against her for complaining about discrimination when it terminated her employment. On May 27, 2015, the executive director dismissed the case without referring the case to hearing because a hearing would not represent the best use of Commission resources and would not advance the purposes stated in AS 18.80.200.

In Eli Dickson vs. State of Alaska Department of Corrections, Division of Institutions, complainant, an inmate incarcerated in one of respondent’s facilities, alleged that he was discriminated against based on his physical disability when respondent refused to consider a reasonable accommodation and denied him the opportunity to work as a baker in the facility’s kitchen. On June 22, 2015, the executive director dismissed the case without referring the case to hearing because a hearing would not represent the best use of Commission resources and would not advance the purposes stated in AS 18.80.200.

In Danilo Cabrera vs. Snow Goose Restaurant & Brewery, complainant alleged that respondent discriminated against him based on his national origin, Dominican, when respondent terminated his employment. On July 1, 2015, the executive director dismissed the case without referring the case to hearing because a hearing would not represent the best use of Commission resources and would not advance the purposes stated in AS 18.80.200, and because the probability of success on the merits of the case was low.

In Michael Chiesa vs. City of Kodiak, Complainant alleged he was discriminated against for failure to provide a reasonable accommodation for his disability. The Respondent then retaliated against him after his discharge. A hearing is scheduled for June 4-8, 2018.